The Sun. — London, England, 1818-10-30 00:00:00

THE COLONIES. :F7 . sni the lioyal Gazette and ilalianta 4,ll,crtiser, 1.1 [CoWhined from our Paper of Oct. 22.] iMessRS. Ent•roas,—Your Correspondent A. Z• having candidly declared, in your 'Paper of the 25th inst. that his intention in publishing extracts - from the Histot y of England and Junius's hatters, wi t s to shew the people of these islands that their Reprerentatires in General Assembly do not pos sess,i-hy any inherent right, the power of•commil ment for contempts, generally ; inasmuch as it was -questionable so late as '1771, whether even the House of 'Commons possessed such poser ; I beg once more to offer a few observations in reply, and shall 'endeavour to thew, in the fit st place, that no sin+ doubt or question as that mentioned by A. Z. cvcr existed in the minds of parsons,.. - whose opinions were worthy of serif - mg attentiOn. The author of letters pnhlished under the name of Junius, was e idently a party writer; and Cont , e - Tionziy, en the time alid occasion of Isis writing opjnion upon that point merits veto little attention. The extract from the 1 listery of England is nothing more than an echo or the langnage and sentiments expressed by (411 d tlierelore entitled to as little respect. ( 9 the anthori v of 'Junius, and in con firmation of A.Z.'s position, respecting the pow, rs of t he house of Commons, he very gravely quotes an opinion expressed by an Attorney-General in the course of a debate in Parliament, in the latter of the reign of James 1., by which, 1 pre-, slime, it is Jttetupted to thew that 200 years ago, the House of Commons could not give , l odgment against persons not members for any thing s?iid of llone, except in the te.ce the 'louse. This last authority, unsupported by ally precedent or judicial decision, I subuin to the better judgment of the public, is futile in the extreme. But to thew that Mr. Mtn! uey-General Note \vas wrong in his assertion, both in principle and fact, and that the House of Commons not only possessed, 1);t1 had actually exercised, the power of corn mitring persons, not members, for contempts, nearly a cent ory 'before his time ; and further, that the Colocial Assemblies, (won principles of ana logy sod natural reason, do possess the same potyer, I must again make coasiderable quota tious front the case of Burdett v. Abbott: Lord Ellenbortm , J, in delivering the judgment of the Court in that case, after citing Thorpt's case, says, " I an) »ware that this authority in terms relates only to privileges of personal freedom trom arrest, and not to the vindictive privilege of com mitting for contempts against the %%lode House. But Oft this latter point, Out to ineninber the case unnecessarily with a vtiat variety and quantity of matter, 1 tvo,,ld refer only generally to the case of Ferrets (very lolly reported in Crompton's ,lorisdietion of Cnnits) ; Trevrinnald's ease in Dy. 59. ; Thranwis's case in 1529, who Was committed to the custody of the Sergeant at /...ns, for a contempt in words, against the dig nity of the House ; John Wentworth's case, of the same hint!, in 1575, in D'Ewes' Journal, 2.11; and the case of Hall, a Member of the House of Commons, in ISSO, which is also in D'Ewes' um froni page 291 to 295, and which is the titst instance of a libel punished by the louse." The passage extracted from Sir Edward Coke's Institute, operates, in my opinion, directly against the principle contended for by A. Z. ; for it is there stated, that one, no mem ber, offen&ng oat of the Pailiameot, when be came hither and justified it, was censured for it ; tinit is, a person out of Parliament had committed an offence, for which he was taken before the I-louse of Commons, and there, in consequence of itvoifying what he had said or done, instead of 'apologising, Was censured for it. According to the usual me4ning of the word censure, it may be stippwo. , ! that the offender was reproved in words only ; 1, however, conceive the word censured, as expressed by Sir Edward Coke, means the in fliction of positive punishment, and not a mere reproof ; but whatever construction may be put upon the word, it is clear that the House did, in that case, take upon i'.self to judge of a matter done out 01 ridiamcnt. Lord Ellenborough, in proceeding with his opinion in the above case, says,—" 'laving stated thus much of the earlier precedents and authorities in respect to the Par liament its-lf, and their owl' practice of com mitting for enntemp-,s, 1 come now to a period nearer to ohr owii times, and more within our own immediate contemplation and view, where the materials for our judtonent are more abundant, aud the sources from which they are drawn are in some respects mote satisfactory. If any person more than another could be supposed to doubt the power of the 1-louse of Commons to commit for a contempt ; if any person who ever sat in this place, was, more than any other, jealous of every impposed encroachment upon the rights of the people, either on the part of the Crown, or of either flonse of Parliament, or less favourable in general to clai us of Parliamentary privilege, :i Nv:ssioy Lord Holt. There is no person at all cot;vetsant with the disputes that have taken place in the Courts of Law on this subject, who is not accluait►ted with the particulars of the case of Ashley v. NVllite, and how he stood singly and manfully in an opinion, which was at last con , firmed by the Houk! ot Lords, in maintaining the right of the subject to maintain an action in that ease. The legality, however, of a power in she House of Commons to commit for breach of ptivilege generally, is so far from being questioned by Lord Holt in the Queen v. Patty, that hut expressly recognises their power itt the passage which haS been referred to by the Attor nev-Grnet al. His words are these ; he said hue ormie no questioa ot the power of the House of Cothmons to commit ; they might commit any than for offering au affront to a Member (which must be undetstood of ail affront to a Member as such.") His Lordship further sayt—" Thus the matter stands upon the authority of precedents in Par liettu:nt, upon the recognition by statute, upon tie continued recognition of all the Judges, and particularly of Lord Holt, who was one of the greatest favourers of the liberties of the people, sold as strict an advocate fur the authority of tile totutnon Law against the privileges of Parlia ment as ever existed. I should have thought that vra‘it qn - anli:y of autii , 4i'y 'enough 'to ItAve put this question to rest (which alone . 1 am now considering), that is, whether the House of COM mons has the power of commitment for a con tempt of their privileges ? What is there against it Is it inexpedient that they should have such a power ? And I am now confining t•nyselt to the limits in which it is exercised in the case be fore us ; I have already said that a primi, if there were no precedents upon the subject, no legisla tive recognition, no practice or opinions in the Courts 01 Law, recognizing such an authority, it would still he essentially necessary for the Houses of Parliament to have it, indeed that they would sink into titter contempt and inefficiency without it. 'Gould it be expected that they should stand high in the estimation and reverence of the peo ple, if, wheneler they were insulted, they were obliged to wait the comparatively slow proceed ings of the ordinary course of law for th , ir re dress ? That the SpeAcr with his mace should he under the necessity of going before a Grand jury to prefer a hill of indictment for the insult offered to the House) They certainly must have the power of self-vindication and self-protection in thuir own hands ; and if there be any authenticity in the recorded precedents of Parliament, any force in the recognition of the. Legislature, and in the decisions of the Courts of Law, they have such powel."—From what is contained in the above extracts it appears that the power of the House of Conimons to imprison for contempts committed atr,aiost the Horse, either in or out of Parliament, has never been (levied or dis pitted, or even doubted by any Judge in England. It is admitted indeed by A Z. that the question has been set at rest, as to the Ho',se of Commons, in the case of rir Francis Bordett against the Speaker Abbott ; but with the assertion that its recency proves the ti4ht was disputed until a late dare, I would ask, by whom was it dis ,puted or doubted ? Not certainly by the Judges, but such men as Jlllllll3, Sir Francis Butdett, &c. The derision of the Court of King's Bench, con firmed by the House of Lords in mat case, has not altered the kw as regards the power of the House pf Commons to imprison for contewpts, generally; but on the contrary, that decision was grounded upon the law sri it stood at the first existence of a Parlianient. [To be continued.] AUXILIARY BIBLE SOCIETY. A very crowded Meeting of the Friends of this Insiitution was held yesterday in the Egyptian Ilan, Mansion house, the LORD MAYOR lit the chair. The LORD MAYOR opened the Meeting by stat ing, that he had given the use of the Egyptian Hall, considerini, this the best use that could b e made of it. This Institution was calculated to enlighten the minds and improve the morals of the lower classes ; by doing so, the duties of Ma gistrates would he made much easier. His Lordship next inti►nated, that he had rect:ived a letter from the Right Hon. N. Vansittart, expressing regret that be.could not be present, on account of a Ca binet Meeting held that day. The Rev. DANUEL WILSON then read the Re port of the Committee. After setting forth that the progress and effects of tl►e Institution were not to be judged of by partial appearances, but by latent operations and general results, it stated the establishment of the Merchant Seamen's Auxi liary Bible Society as one of the happy effects of this Institution during the last year. The Mer chant Seamen's Society was instituted in Ja nuary ; its object was to distribute Bibles to 120,000 British seamen, now destitute of them. Already had they supplied 16,000 seamen with the avoid of God. It next adverted to the state of the several associations : some were unavoidably supported by few subscribers ; others flourished in high prosperity. The number of Bibles and Testaments issued during the last year by this So ciety was, 1,660 Bibles, 6G9 Testaments, total 2,3.19, forming an aggregate within six years of 14,356 Bibles, .5,576 Testaments, total '20,232. It next mentioned their attention to workhouses and asylums, and bestowed high praise on the zeal and success of female associations. Their agents bad penetrated into recesses almost for bidden to the approath or inspection of our sex, and they had obtained subscriptions from utlex peeled resonrces. Some remarks were here in troduced on the salutary effects of distributing the Bible, such as keeping parents from gin-shops, children from unseasonable play in the streets, and servants from idle gossipping. It lamented, that the finances did not hold out the same rank as the city itself did in the scale of wealth and li berality. The Report proceeded next to describe the attention of the Committee to criminals in prison. Thanks were expressed to the Lord Mayor for having given the Egyptian Hall to a 'Society whose aim was to disseminate principles which secure to the poor the protection of their rights, to the rich the enjoyment of their olio lence, to Magistrate's the true dignity of their office, and to Princes the stability of their thrones. The Rev. Dr. THORP began an elaborate speech by congratulating his Lordship on the importance of the object of the meeting. The value of the Bible had been appreciated by Locke, who had said that it had God for its author, salvation fur its object, truth, unmixed with any error, for its subject. Rousseau had been one Of the most per nicious of writers. He had been found by a friend of his superintending a young lady reading. The friend, on seeing that the book was a New Tes tament, exclaimed, " What ! teach a cheat, a mockery." " Fes,•' said Rousseau, "it is a cheat and a mockery ; but where will you get such divine lessons of morality:"---(Applause.)— Bible Societies had a chain of posts from London to Siberia; yet they neither repressed nor stinted other charitable institutions. He concluded by moving that the Report now read be received, adopted, and printed. Mr. DaviEs, of the Common Council, after congratulating his Lordship on presiding over so numerous and respectable a Meeting, seconded the Resolution. It was cairied oonnitnottsly. ROBERT HUMPHREY MARTIN, Esq. said, dm we owed civil liberty to the Bible. The effects 0 this Institution were to promote.good- am fulbt lie 02C - 11 the Cone in as VI (host not walk the streets,- and when a :Jew was • tossed by his heard, tit-I it was .almost plucked from, his chin. Ile had lately been to Paris, and had had a Milanese servant ther.2. When parting with him he gave hint a Bible, on the 'condition that he should read it, teach his wife to read it, if he approved of it, give it to his children, and never part with it. Ile took it on those terms. Ile (-Included by moving sincere thanks to the Lord Mayor for the use of the hall, and for pre siding on this occasion. Mr. M'AULAY seconded The Resolution. The Loan Mayo': returned thanks, said that he bad no metits, awl observed that his object was to improve the morals of the lower orders. The Itev. HENRY WATKINS said, that if there was joy in Heaven over one sinner that repented, how much joy moot there be among the blessed angels, from the results of that Institution ? The Bilale was the inag,nti rharta of sinners. Bible So cieties -had contributed more than any other itte..ots to check the late progress of disaffection. Ino.e who had received Bibles froth them could take the liberty to think from the Bible rather than front the Sunday newspapers. There was one text which might keep the whale district of manufacturing towns quiet und things shall work together for good to them who love Ile moved th4liks to the Vice-l'te sidents. The Rcv. GEORGE CLAYTON SCCOadcd the mu- It was carried unanimously. The Rev. Dr. STEINKoPFF gave i. account of the progre,,s of the Bible Society in Denmark, Sweden, and Russia, and moved Thanks to the Trea-,urer, Serretaty, and Comatittee. The Rev. .1. W. CUNNINGHAM seconded the motion. Ile lament, d that the City of London had not kept pace with other places. There were many great vices peculiar to large cities; the cir culation of the Bible was tl►e only adequate means of counteraction ; London, as the largest of ci ties, and the source of many crimes, was therefore pecul;a►ly hound to contribute liberally towards tl►e circulation of the Bible. If the poor could be persildded to set apart a penny in the week for the Bible Societies, it would teach them independence, and wean them from parish support. D,v ID BEVAN, Eig. the Treasurer, returned !hanks. The balance last year was 7/ 13s. Lid. After having I►aid to the British and Foreign Bible Society 1,3351., the balance this year was 151. 4s. I ld. The Rev. DANIEL WiLsorr, the Secretary, re ismer! thanks. The Rev J. CLAYTON returned thanks, as one of the C<<n►wittee. Thahks were then given to the Lord Mayor for !i4 aide and inifyirtlal conduct iu the Chair, and he :Meeting dispersed at four o'clock. OLD BAILEY, OcT, 29. EXTENSIVE ROBBERY. Trillium Atkins was indicted for stealing from the dwelling.house of li. E.'J ones, ►wo watches, 14 guineas, a great number of 7s. pieces, two 21. notes, and sortie other property to a large arnnun►t. Henry Edward Smith resided at 4'2, Duke street, Goklen -square. On the 14th of the present mwi th his house was robbed. It was then tinder a state of repair. John Cooper, a carpenter by trade, was em ployed to do some repirs in the-house of Messrs. Smiths. Witness employed the prisoner in the house as a carpenter, and had enrployed him for eleven days previous to the robbery. Samuel lull, a stone-mason, was employed at the door-way of the house of the prosecutor. On 14th October, he saw the prisoner go up stairs, and presently he came down again and went away. James Leg was also employed in the house, and on the day tt►entioned saw the prisoner go tip stairs. Frederick Cooper, son of the former witness, saw the prisoner at a drawer in one of the rooms. lie was directed to follow the prisoner kt p stairs, and saw him go out of the house. Mr. NV. 11. Smith said, that, in consequence of information he received respecting the robbery, he went after the prisoner, and fumy! him on board a ship in the Loudon-docks. He was searched, and a considerable part of the ptoperty was found upon his person. Shaw, the officer, produced t two silver watches, and some guineas, found upon the person of the prisoner. The prisoner said in defence, that be went into the room where the property was for a chisel, but never committed any depredations. The prosecutor again called, said no repairs had been done to the room n-here the property was. The prisoner was apprehended, together with his trunk, in an outward-bound ship in the London docks. Some witnessei were called to character. The Jury found a verdict Guilty—Death. Mr. Baron GAartow observed, that it was a very proper verdict. It was not to be suffered, that men like the prisoner, who were thought trustworthy, should betray that trust with impu nity. The prisoner stood, during the trial, with his arms folded in a most undaunted manner ; but soon altered his looks and appearance, oi► hear ing the fatal e•erdict.--Nut one-fourth of the pro perty has been recovered. Peter Eligwi and Mary Stevens were indicted for hurglariously breaking and entering the dwelling house of Cat bet hie Willes, and stealing a carpet and a gown. The ptosecutrix, on the Ist of October, at about eight in the evening, lett her house, and fastened the door. When she returned, in about half an hour, she found the property bad been stolen. A pawnbto , er at «'l►itechapel proved that the female prisoner, who cohabited with the titan, pledged the carpet at his shop on the 2d October ; and it salesman proved that the male prisoner offered to him for sale the duplicate -of the eat pet on the ssme dsy the propevty %VHS pledved. The Jury tound both the prisoners Guilty, but recommended thew to mercy. AI I, BSroit G Ft ROW .-Upon shat ground, Gentlemen, do you make that recommendation ? The Fotetuan.—Becanse the actual burgl4ry lier'n proved if', e\''ilence, 'luny was 'tumid baVe been in the possesli°l - prisoners. G Mr. Baron Gatrnow.—lf V(711 think so , i r l :, Heinen,l advise volt to reco nsider your It Fait thint the burglary was not committed the prisoners', Of course th.ey mus t be boll acluittetl. The tr - ry 'considered for a few minutes, an d r r i . , !tinted a verdict of . Guilty against the stale souer, and acqUitted the feale. obat i°s • Mr. Baron ti Rlto w expressed his app r of the verdict. Ralph, 1104 ~ S Ol2, aged twenty-five, wbo 6 1: geared lie a soldier, was tried for stealif4 t `Vi''liato alue of 20s. prily in shop• H aoghton, vate a stationer in Bond - s tre , e l C ; saitl, he teas in his shot or; the sth instan t , 4 ridsoner and another person in a soldi er's ,' ame in aud asked to purchase a pen-koife, ta'n• , be/ went away without buying one. Alt er were gone a few mminutes,hook, followed mod overtook the pris ouer, a rt found in his pocket a map of London in a e B s e ' k "F Pocl , ct -book , and a small me morandurn-bon.:3 The witne s s swore to the articles as having ill shop mark upon them. be missed a pocket,( These facts were corroborated by oilier " It. nesscs. Mr. Baron OAratow, in his address to the 5011; observed, that the law which.make q s it a e ii • fi r l i offence to steal above the value of ps. priv at i d h Y , l re a 5110 p must be well known to thou. th is were -many eminent persons who thougH part of the lay; ‘vas bad, and called for ameadolell ; but whether the law was good or bad, wa": -It i lb il rpiestion then before the Court, which ‘v" to adhere to the law, whatever it rni , ..;lit be• law, Gentlemen," said lie, t , is not we hate nothing to do but act up to the Ic!‘ito as we find it." His Lortl , hip then proceedeye observe, that when a July had clearly laid be them in evidence that the propet r ty stolen in a shop was ab‘ive the value of five 5- 4, ling,s, they were hound to girt! lie f r o' jug ro the law, and not from any en (oleo' ; l e o tions of compassion make that prnpe , tY " t valve that* it was proved to be, by cretOk do nesses. A delusion had gone abroad aoion4 public on the subject ; and it was i,io do'Y ttr ~ s e• Juries right in this respect. In the 0 - 0 0 ' 1 C ( I,g the prosecutor positively swore that one (11.‘ articles stolen trout him (the pocket-hook' iiiot worth ten shillings; the making of it c°l ati ll nearly that snot. The snap of L o udon w as - 0 0 twelve shillings. Here, then, it was ele' ir t • f ive the property stolen 3S above the vAille I)lthe ; and unless the Jury disheiieve`e-tioce evidence of the prosecutor, they could o° l t ,, s , the valve of that property below five shilli n r o aa The Jury, without retiring, touutl th e P EI) Guilty—Death. POLICE INTELLIGENCE' BO W , STREET. he AM' ExTrtNSIVE ROBBERY.—Yestierday Ste) cle t : ' ris, the watchman ; Jaynes Dennis, (li Is ; ; v i, ''-' Joseph Braid, the footman ; and Michaell' Of accomplice, ,sere, after a long exatain4fi(4ol'ol,l‘ committed for trial, for robbing. the hc,',' s ,. e. I t ',l„ 4 Chilow, of Camden-town. Joseph '" sl '''-: footman, and Emma Owen, the COOS' )sere Blr. ''''' l mitted witnesses for tile Crown. Butt' „wed to Mrs. Chilow attended. The Lady S e ;i;v) e l ' e suffer severe;); from the presence of 1 1 1 e 6 , v c ith t ::,, servants whom she had so long trtiste"fi)t,tiets'' utmost ronlidefiee hi their honesty• I. ` ' have already appeared before our lieatlers' O s 61:11,Di-1:ILL. PrOO:'' )t rot' CAUTION TO WoliKM-EN.—George ,• r ,' brought before the Sitting Alder ITI all , '-' 1 0 01e 6 r : DOM VI LIAr, yesterday, charged by I NI .: . : 9 0 01 : 1 ‘ house-painter, with leaving his work, i i i„, ; o l ", l e on prisoner, i s h Ludgate-hill, l s ( l l : ( a t ot e e . %-v 1 write ii itle The complainant had erill) 'et' h° ,t' I' s Os s i gn. g t n a r. board belek foasi. ISliell):::1:),Iloerrillii1;fr The necess.rry scaffolding was prerred . l itle tt : o and the greater part o f t h e in , cr iption t .:: i .so o `, when the prisoner applied to Mr. Cull er •,„ I° 4 : 0 Ili' tti money oil account, and received ifol► trot,i co 0 promising t o retort) the next mor nilig ll6 ,o ,l ,, Plefe the work. Nothing further h°d,', was ; 1 ,3 been heard of hint till yesterday, whet':in,al,l,o, prehended. In the interim, the cooll'"i.c:ifilto employed another person to ‘vrite t he i ' ls ill, 6 The prisoner pretended he lord hee''_ i , e tl , Lie was ready to repay the money h e Initl r: r e i c t t i o ie I r , It appearing that this was not the b the of: 1 ) e , had been charged with similar offei ves loglil'i i it , thy Magistrate considered it a s a eose dv co at io , ser%jog of punishment , and a ccordi ti r 'l . I) c, ' 1 1, tell hint to hard labour for one rool,ll, Geo. formation was laid under the statute u cap. 85 . ------- ..,.._ .........-----i --- --- f I` , -.----- — _ On Wednesday, at his lißmitsilel;ll-11 'the Strand) Robertson, Esq. of a sou. ,0' ---- ~,r i ~.,e, i A RII I . loce ph /1!" ie , , i, Yesterday, at Wait lialllil OW, the Ite , "•,`, % :piersb'„f 0" NI.A., son of Richard Ark right, Esq..m., 0 Bart• - shire, to Aline, daughter of Sir 111, Mg"' ' thamstow-house, Essex. b ,oleo DIED. lace , Lani b i : t c ' i ° tl i On wife 2.911 t inst. at Cant erhorY-P,„ce 1- c ' et a Filson of Mr. If e wling Ltzion. of t e , oge. .o.st re r ef ti7th year ,f her 3 4 e, ant , 4iti of their i t v, l if a p r o toc ol On Wednesday . morn:ll4, Mr.. (3 , Ha': ~,,bich Golden-square, caused by a kick o f .a h"." ~•0! ,- ) 0 1 .his head. ------ \ - ,I) t" - ------..--- to° s ' PROVINCIAL BIRTI-IS, NIARRIAt,,,- , Sol° ts• „ of Dr. , ' 0 4 On Saturday, at Birmingham, Ili t• Litq fO , C.' of a dauditer • til efia .° On the clot 11 inst. the I ad e of the lii4a• , . ef of Dcyoll, of a sun. 03 1tO rP ---....=...---- Or t. ~ to to ,'• Lately, Jost' pll It'33d,ilV, E.=q •err' p 15r e" 10 Wasperton, near W,revick. rfl Je Pi the Lad.Y Q Eati•ly, Me. Wiilitign nw1,,,,,r5i:1,i:,}:. 4 , ' II r l o'J " i l v,% . • l i ' C'ti , Ni o r f . S N t l . lrai'rttui:,")).sf-11:111I'ite'tce:,-.:;3'itri r'"`.l.;:::r7a':::'tniro.l:::iiss f iquioti, of Nev..Towo-Fow, W 1111j111... T . 0 i f, 0 r /10 0 7 Ot e b11:1)• rG ace L c° 11, 11 ' On Friday evening last, Nlrs. ir Sc" g O' William Lyndon, Exeter, currier. cs phaCtl St, On the 29th lust. at Topsham, ~• 00 , , ot pei / of the Flora. a constant trader to Cr__ in ,' - • „--",..-- of r l . b , 4 li(i),..,",,lfbNet2:2:'irit:st.p)',,,:iiLir, ,:ffaT3)r:i's't:o:lj.::::_lis_b__--:rirp,ofi:":,,,,l, LONDON: Printed by .1. B. CAbS p ab i 3 t 01 orinoini-street, Queen-squ are: i ota itrrstrFeer;loo, . SCRIPPS, of No. 7, South •Nl` ) .a d v ert l ', (Mice, No.' 114, Strand ; ,Olervtdcosco' ! Lemurs, &C. tot -paid) Most bend , P/ - "t 1.0 - ; l a I,ott ~ ~. , 41 .,